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CS Executive · Economic, Commercial and Intellectual Property Laws · Law relating to Geographical Indications of Goods

A company applies to register the GI "Kaveri Gold" for tea grown in a region literally named Kaveri, but the labelling would lead buyers to believe the tea comes from a different, more famous region. Which ground under the GI Act, 1999 most directly bars registration?

Registration is barred because the indication, though literally true for the locality, falsely represents to buyers that the goods come from another territory, region or locality. Section 9 expressly lists this as a ground of prohibition.

  1. AThe GI is literally true as to the locality but falsely represents to persons that the goods originate in another territory, region or localityCorrect
  2. BThe GI has fallen into disuse in India
  3. CThe GI is a homonymous indication that has been notified
  4. DThe GI comprises scandalous or obscene matter

Explanation

Section 9(g) prohibits registration of a GI that, although literally true as to the territory, region or locality of origin, falsely represents that the goods originate elsewhere. The facts describe exactly this. Disuse, scandalous matter and homonymy are not involved.

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